The Medical Termination of Pregnancy (Amendment) Act, 2021 marks a momentous fruition in India's reproductive rights framework by broadening access to safe and legal abortion amenities. This paper critically analyses the key provisions of both the original MTP Act of 1971 and its 2021 amendment highlighting how the latter enhances women's autonomy, condentiality and healthcare access in the domain of reproductive decision-making. The amended law extends the gestational limit for termination from 20 to 24 weeks for specic categories such as survivors of rape, minors, differently-abled women and cases of substantial fetal abnormalities. The Act also recognizes contraceptive failure in both married and unmarried women as a valid ground for termination, thus ensuring equality and addressing social realities. Additionally, the establishment of medical boards for cases beyond 24 weeks introduces a structured review mechanism although it still mandates judicial intervention in some late-stage terminations. The paper also reviews landmark Supreme Court judgments that have molded abortion rights in India, including XYZ v. Union of India (2017) and Ms. X v. Union of India (2022), emphasizing judicial provision for eshly autonomy and reproductive justice. Despite these progressive reforms, gaps remain in implementation, awareness and timely medical access, especially in rural areas. The paper suggests that further reforms and sensitization are necessary to align the law with a rights-based and healthcare-centric approach. Overall, the 2021 amendment is a vital step toward fullling India's commitment to gender equality, maternal health and human rights.
Jakhar et al. (Sun,) studied this question.
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